PD, R. v
The failure of the trial judge to give a modified character direction regarding the absence of previous convictions for sexual offences was a serious misdirection, rendering the convictions for anal rape unsafe.
- Parties
- Respondent: The Crown; Appellant: PD
- Jurisdiction
- England and Wales
- Judgment Date
- 26 January 2012
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Good Character Directions, Unsafe Conviction, Rape, Misdirection, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
The Crown
Respondent
PD
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge's failure to give a modified direction as to the appellant’s character rendered the conviction unsafe
- 2 Whether the appellant was deprived of a fair trial due to late change of offence dates
Ratio Decidendi
The failure of the trial judge to give a modified character direction regarding the absence of previous convictions for sexual offences was a serious misdirection, rendering the convictions for anal rape unsafe.
Court Disposition
appeal allowed
Orders
- convictions for anal rape quashed
- await written submissions as to whether there should be a re-trial on rape counts
Full Case Text
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